Faulty item - no proof of purchase

sullivlo

Hi,

Looking for some advice. Recently purchased a kettle from a store (who shall remain nameless). It was purchased on the 9th February (I remember calling somebody from the store and it adds up). We put the box into the recycling bin, and cannot find the receipt.

Yesterday the kettle started to leak. We are within the limit for returns with this store, however they won't accept it back due to the lack of proof of purchase. If we can prove it via a transaction on a bank statement for the time of purchase, they will process a refund.

I am wondering what our consumer rights are here. I would assume that under the supply of goods act, that we are entitled to a refund regardless of proof of purchase, as the item is not fit for purpose. It was an item definately purchased in this store - it's a brand only available in this store, and it was only in store for a short period of time. However both the staff in store, and the customer service team, won't engage in any discussion without proof of purchase.

Thanks in advance for any advice!

Riamfada

sullivlo wrote: »

I would assume that under the supply of goods act, that we are entitled to a refund regardless of proof of purchase, as the item is not fit for purpose.

If you binned the box and the receipt you have no way to show you have purchased it in the store. You cant get a refund if you did not buy it there.

sullivlo

Riamfada wrote: »

If you binned the box and the receipt you have no way to show you have purchased it in the store. You cant get a refund if you did not buy it there.

It's a store brand / own brand item though, so its only available for purchase in that store. When I contacted customer care they were immediately able to tell me all about the product when I gave them information from the label.

vicwatson

Did you pay for it in cash op? if not, then your debit or credit card statement would work as POP

Speedwell

Even if you lose your receipt, your consumer rights still apply when returning faulty goods. All you need is proof of purchase, which doesn’t necessarily need to be a receipt.

Proof of purchase could be:

A credit or debit card statement
An invoice
A cheque book stub
If the product is own-brand and has clearly come from the retailer in question this may be accepted as proof of purchase

From this site: http://www.consumerhelp.ie/buying-goods#receipts

sullivlo

vicwatson wrote: »

Did you pay for it in cash op? if not, then your debit or credit card statement would work as POP

Yeah, paid by card. Just need to dig out the statement.

njs030

A card payment receipt is fine. If it's an own brand item and has to be bought from them they have no excuse.

If you can give them the time and date of your transaction they can look up the receipt on their system.

wardides

notjustsweet wrote: »

A card payment receipt is fine. If it's an own brand item and has to be bought from them they have no excuse.

If you can give them the time and date of your transaction they can look up the receipt on their system.

Still needs proof of purchase regardless I would have thought.

Emmadilema123

sullivlo wrote: »

Yeah, paid by card. Just need to dig out the statement.

Statement is valid POP so no reason why you shouldn't get a refund with it!

njs030

wardides wrote: »

Still needs proof of purchase regardless I would have thought.

If an item can only be bought in one place that is proof of purchase.

Edit- from consumer rights -
If the product is own-brand and has clearly come from the retailer in question this may be accepted as proof of purchase.

From-
http://www.consumerhelp.ie/buying-goods#receipts

JustShon

Regarding it being own-brand, if it's part of a chain of shops then you'd need to prove you bought it in that specific branch of the chain. i.e. if it was Dunnes brand you aren't entitled to bring it back to any ol' Dunnes.

ytpe2r5bxkn0c1

JustShon wrote: »

Regarding it being own-brand, if it's part of a chain of shops then you'd need to prove you bought it in that specific branch of the chain. i.e. if it was Dunnes brand you aren't entitled to bring it back to any ol' Dunnes.

That is not correct for Dunne and most stores that are part of a chain.

JustShon

Darian Abundant Spider wrote: »

That is not correct for Dunne and most stores that are part of a chain.

Yes but that's due to their own policies, not consumer rights.

dudara

It may well be the case that the kettle is only available in that chain, but they still need proof that YOU bought it there. Stealing from a shop and "returning" the items for cash, is a well-known scam. So yes, the shop are still entitled to ask for proof of purchase. The good news is that you paid by card, so get onto your online banking and print out a screnshot, or dig out the paper statement.

GarIT

notjustsweet wrote: »

If an item can only be bought in one place that is proof of purchase.

Edit- from consumer rights -
If the product is own-brand and has clearly come from the retailer in question this may be accepted as proof of purchase.

From-
http://www.consumerhelp.ie/buying-goods#receipts

May be accepted is not the same as has to be accepted, the store can choose not to accept it.

bucketybuck

sullivlo wrote: »

Yesterday the kettle started to leak. We are within the limit for returns with this store, however they won't accept it back due to the lack of proof of purchase. If we can prove it via a transaction on a bank statement for the time of purchase, they will process a refund.

So whats the problem then? If you paid by card then they will honor the claim, so give them that proof of purchase.

njs030

GarIT wrote: »

May be accepted is not the same as has to be accepted, the store can choose not to accept it.

You're misunderstanding the use of the word may. In this case it means the same as can do....edit it means it's good enough.

JustShon

notjustsweet wrote: »

You're misunderstanding the use of the word may. In this case it means the same as can do.

Which doesn't detract from his point at all. Can do and have to are two very different things.

njs030

JustShon wrote: »

Which doesn't detract from his point at all. Can do and have to are two very different things.

Well yes it does.

Again you are misunderstanding their wording. Though it's quite badly written it means this is classed as a proof of purchase.

Both may, and can have more than one meaning. In this case both mean acceptable proof of purchase.

If a claim was taken to the small claims court it's up to the retailer to prove it wasn't bought in the store, the customer is asked to sign an affidavit swearing it was bought there and that's good enough.

None of which matters as Op paid with a card so even printing a mini statement in the bank with the transaction on it is good enough.

JustShon

notjustsweet wrote: »

None of which matters as Op paid with a card so even printing a mini statement in the bank with the transaction on it is good enough.

Fair enough, let's not derail OP's thread

sullivlo

bucketybuck wrote: »

So whats the problem then? If you paid by card then they will honor the claim, so give them that proof of purchase.

The problem is that there were 2 of us in the shop together. Each of us have 2 potential cards that we use. We can't remember who paid on the evening in question. I've checked my account - it's not on either of my cards. The other potential pay-er hasn't got access to internet banking and hasn't got bank statements / credit card statements for the time of purchase.

I was simply wondering whether proof of purchase was required for an own brand product that is faulty. It would appear that there isn't a clear cut answer, however we'll continue to try source the statements showing the transaction.

njs030

sullivlo wrote: »

The problem is that there were 2 of us in the shop together. Each of us have 2 potential cards that we use. We can't remember who paid on the evening in question. I've checked my account - it's not on either of my cards. The other potential pay-er hasn't got access to internet banking and hasn't got bank statements / credit card statements for the time of purchase.

I was simply wondering whether proof of purchase was required for an own brand product that is faulty. It would appear that there isn't a clear cut answer, however we'll continue to try source the statements showing the transaction.

Op maybe call the head office of that company who are more likely to be reasonable and offer solutions.

JustShon

sullivlo wrote: »

I was simply wondering whether proof of purchase was required for an own brand product that is faulty. It would appear that there isn't a clear cut answer, however we'll continue to try source the statements showing the transaction.

It seems almost irrelevant whether it's a legally recognised proof of purchase since the shop don't seem to be willing to accept it. Unless you fancy going to court over a kettle and getting a ruling on it.

If you go by notjustsweet's input you could go in there again and claim that the fact that it's own-brand is a legally recognised proof of purchase and tell them they're violating your consumer rights, they might cave and give you the refund.

colm_mcm

Even if it's own brand, the way you prove you're still within warranty is the proof of purchase.
Problem these days is we buy so much stuff, and get so many receipts that's it's hard to keep track. That doesn't take from the fact that the store is perfectly entitled to ask for proof of purchase.

You could always buy another identical one and then return it because it's faulty. (Terrible advice obviously and shouldn't actually be done because that'd be wrong )

wehuntmonsters

sullivlo wrote: »

The problem is that there were 2 of us in the shop together. Each of us have 2 potential cards that we use. We can't remember who paid on the evening in question. I've checked my account - it's not on either of my cards. The other potential pay-er hasn't got access to internet banking and hasn't got bank statements / credit card statements for the time of purchase.

I was simply wondering whether proof of purchase was required for an own brand product that is faulty. It would appear that there isn't a clear cut answer, however we'll continue to try source the statements showing the transaction.

I won't try to ask you for the name of the store but rather what type of a store was it, i.e; electrical goods or supermarket (Dunnes, etc.)?

If it's an electrical store then you have the right to ask them to find your receipt. This is easily done if you know who paid and which card was used. They'll ask for your name and for the card it was used on. They might also ask the date it was purchased as it helps narrow down the search. With supermarkets it might be different but considering I haven't worked in one, just an electrical store, you might have to seek advice from someone else.

sullivlo

colm_mcm wrote: »

Even if it's own brand, the way you prove you're still within warranty is the proof of purchase.
Problem these days is we buy so much stuff, and get so many receipts that's it's hard to keep track. That doesn't take from the fact that the store is perfectly entitled to ask for proof of purchase.

You could always buy another identical one and then return it because it's faulty. (Terrible advice obviously and shouldn't actually be done because that'd be wrong )

It's one of those items that's only in stock for a week that disappears never to be seen again until this time next year. This particular kettle was listed as "New design for 2016" and has a manufacture date of November 2015 on the end of the kettle. The item, IIRC, only went on sale on the 8th February, therefore even had we bought it on the first available date, we're still within the 60 days guarantee.

It's grand - we'll try to dig out the statement. I was just curious whether proof of purchase was needed for faulty goods is all.

sullivlo

wehuntmonsters wrote: »

I won't try to ask you for the name of the store but rather what type of a store was it, i.e; electrical goods or supermarket (Dunnes, etc.)?

If it's an electrical store then you have the right to ask them to find your receipt. This is easily done if you know who paid and which card was used. They'll ask for your name and for the card it was used on. They might also ask the date it was purchased as it helps narrow down the search. With supermarkets it might be different but considering I haven't worked in one, just an electrical store, you might have to seek advice from someone else.

Supermarket type shop. The only record of the purchase (aside from the receipt which went in the bin) will be the card statement.

colm_mcm

Ah, ze Germans!

sullivlo

colm_mcm wrote: »

Ah, ze Germans!

I never said that :P

ssmith6287

sullivlo wrote: »

The problem is that there were 2 of us in the shop together. Each of us have 2 potential cards that we use. We can't remember who paid on the evening in question. I've checked my account - it's not on either of my cards. The other potential pay-er hasn't got access to internet banking and hasn't got bank statements / credit card statements for the time of purchase.

I was simply wondering whether proof of purchase was required for an own brand product that is faulty. It would appear that there isn't a clear cut answer, however we'll continue to try source the statements showing the transaction.

YES! Lots of thefts especially of small items, person robs from 1 store and walks into another with robbed item claiming they bought it but cant find receipt. Go to bank and print of mini statement. Store is acting perfectly reasonable in my opinion

ED E

Get your fella/friend/whoever to take their card in branch, print a ministatement as above, you'll have your answer in minutes.